Section 23-61.—Referral of Cases to Arbitrators
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
Full Text of Section 23-61
Amendment History
(P.B. 1978-1997, Sec. 546N.) (Amended June 29, 1998, to take effect Jan. 1, 1999.)
Plain-English Summary
This rule describes when a case lands in Connecticut's arbitration program. The court, acting on its own motion, may refer any civil action where it judges the reasonable expectation of a judgment to be less than $50,000, exclusive of interest and costs. Referral requires that the parties have already filed a claim for a jury trial and a certificate of closed pleadings — in other words, the case must be ready for trial before it can be diverted to arbitration.
Any award the arbitrator makes cannot exceed $50,000, exclusive of legal interest and costs, matching the ceiling used to decide whether the case qualified for referral in the first place. A party who wants to take part in the arbitration process may also petition the court directly.
Frequently Asked Questions
What kinds of cases get referred to arbitration under this rule?
Civil actions the court believes, in its discretion, have a reasonable expectation of a judgment under $50,000, exclusive of interest and costs, and in which the parties have already filed a jury claim and a certificate of closed pleadings.
Is there a cap on what an arbitrator can award?
Yes. An award under this section cannot exceed $50,000, exclusive of legal interest and costs.
Can a party request arbitration, or is it only the court's choice?
The referral itself is made on the court's own motion, but any party may petition the court to participate in the arbitration process.